Ordinance - 1986 - 106 - Division Of Land - 07/08/1986i 0
CITY OF EAGLE, IDAHO
ORDINANCE NO. 106
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING §9-1-6,
EAGLE CITY CODE, BY PROVIDING THAT ORIGINAL PARCELS OF LAND MAY
BE DIVIDED INTO TWO PARTS WITHOUT CONSTITUTING A SUBDIVISION.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, ADA COUNTY, IDAHO;
SECTION 1. That §9-1-6, Eagle City Code, be, and the same
hereby is, AMENDED to read as follows:
9-1-6: RULES AND DEFINITIONS. Terms or words used
herein shall be interpreted to read as follows:
SUBDIVISION. The result of an act of dividing an original
lot, tract or parcel of land into twe-4-2+-er more than two (2)
parts for the purpose of transfer of ownership or development,
which shall also include the dedication of a public street and
the addition to, or creation of, a cemetery. Subdivisions shall
be divided into minor subdivisions, major subdivisions and
large-scale developments, as those terms are defined in this
Section. However, this Title shall not apply to any of the
following:
A. An adjustment of lot lines as shown on a recorded plat
which does not reduce the area, frontage, width, depth or
building setback lines of each building site below the minimum
zoning requirements, and does not change the original number of
lots in any block of the recorded plat;
B. An allocation of land in the settlement of an estate of
a decedent or a court decree for the distribution of property;
C. The unwilling sale of land as a result of legal condemna-
tion as defined and allowed in the Idaho Code;
D. Widening of existing streets to conform to the Comprehen-
sive Plan;
E. Acquisition of street rights of way by a public agency
in conformance with the Comprehensive Plan; and
F. The exchange of land for the purpose of straightening
property boundaries which does not result in the change of
present land usage.
SECTION 2. SEVERABILITY. The provisions of this Ordinance
are hereby declared to be severable and if any provisions of this
ordinance or the application of such provision to any person or
circumstance is declared invalid for any reason, such declaration
shall not affect the validity of the remaining portions of this
ordinance.
SECTION 3. EFFECTIVE DATE. This ordinance shall become
effective upon its passage, approval and publication in the
manner provided by law.
PASSED by
g day of
he City Council and APPROVED by the Mayor this
1986.
I
ara Montgomery
City Clerk
e44,41L-49 74r,t,&
Carol Haley
Mayor
7
1
8100440
AFFIDAVIT PROVIDING MORE PRECISE DESCRIPTION OF LAND ANNEXED BY THE CITY OF EAGLE,
IDAHO - ANNEXATION ORDINANCE NO. 105, tnsfr. No. 8bb2.q.r /0-i7-86
Passed and Approved July 8, 1986
I, Carlyle W. Briggs, P.E., a Professional Engineer and Land Surveyor, licensed
by the State of Idaho, and presently acting as Eagle City Engineer, do hereby
certify that the following property description more accurately described the
same land as intended to be described in Ordinance No. 105: •
A portion of the SW* of the SE* of Section 9, T.4N., R.1E., B.M., Ada County,
Idaho, described as follows:
Commencing at the SE corner of said Section 9; thence S89°27'44"W, 1,996.81
feet along the Southerly boundary line of the said Section 9, to the REAL POINT
OF BEGINNING;
Thence S89°27'44"W, 153.83 feet along the same line to a point;
Thence N00°30'22"W, 662.35 feet to a point on the Southerly boundary line
of Idaho Highway 44 (State Street);
Thence 371.36 feet along a curve to the right, having a central angle of
3°14'53", a tangent of 185.73 feet, and a long chord bearing S66°19'51"E,
371.31 feet along the Southerly boundary line of said Idaho Highway
44 to a point;
Thence S20°5.7'44"W, 505.26 feet to the REAL POINT OF BEGINNING;
Comprising 3.264906 acres.
And also including the following described Southerly half of Idaho Highway 44:
Commencing at the SE corner of said Section 9, thence S89°27'44"W, 1,996.81
feet along the Southerly boundary line of said Section 9, to a point; thence
N20°57'44"E, 505.26 feet to a point on the Southerly boundary line of Idaho
Highway 44, which is the REAL POINT OF BEGINNING:
Thence 371.36 feet along a curve to the left, having a central angle of
3°14'53", a tangent of 185.73 feet, and a long chord bearing N66°19'51"W,
371.31 feet, along the Southerly boundary line of said Idaho Highway
44, to a point;
Thence N00°30'22"W, 64.92 feet to a point on the centerline of 120.
/wide
Highway 44 right-of-way;
Thence 395.12 feet along a curve to the right, having a central angle of
3°25'28", a tangent of 197.62 feet, and a long chord bearing S66°27'30"E,
395.06 feet, along the centerline of said Idaho Highway 44 right -or -way,
to a point;
Thence S20°57'44"W, 60.17 feet to the REAL POINT OF BEGINNING;
Comprising 0.52788 acres.
Carlyle W(f riggs, P.E
Registered Profession .k 'Engineer & Land Surveyor
Idaho License No. 666
SUMMARY OF ORDINANCE NO. IN
Ordinance No. 106 of the (Sty of Eagle, Idaho,
amends section 944, Eagle City Code,
specifically the definition of "subdivision" to
provide that original parcels of land may divided
into two parts without consituting a subdivision
of land, provides for an effective date and con-
tains a severability clause.
A hill text of Ordinance No. 106 is on Me for
examination with the City Clerk; at any and all
times that said office is regularly open.
BARBARA MONTGOMERY, City Clerk
Publishf July 10,1988.
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
_Jeannie Hawk , being first duly
sworn, depose and say, that I am over twenty-one years
of age, and chief clerk of VALLEY NEWS, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
1 consecutive weeks, the first publication being on
the 10 day of . -JUIY _ , 19._ 86_, and the last
10
publication being on the __ day of July
19 _8-6 _....
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspaper within
the meaning of t e Idaho statutes.
Chief Clerk
Subscri . and sworn to before me this _ 11
of July 7 , 19-__86__.
day
Notary Public in and for Idaho
• Residence or Postoffice Address Meridian Idaho.
r EXPfRES DSV.
CITY OF EAGLE, IDAHO
SUMMARY OF ORDINANCE NO. 106
ordinance No. 106 of the City of Eagle, Idaho, amends §9-1-6,
Eagle City Code, specifically the definition of "subdivision" to
provide that original parcels of land may divided into two parts
without consituting a subdivision of land, provides for an effective
date and contains a severability clause.
A full text of Ordinance No. 106 is on file for examination
with the City Clerk, at any and all times that said office is
regularly open.
J. PATRICK RICECI
Sa octavo .a+rd -‘0arr4eloi.
217 WEST STATE STREET
BOISE, IDAHO 83702
(208) 342-2608
June 13, 1986
Barbara Montgomery
Eagle City Clerk
P.O. Box 477
Eagle, ID 83616
Dear Mrs. Montgomery:
Enclosed please find for publication a summary of Ordinance
No. 106 of the City of Eagle. Pursuant to the provisions of
§50-901 A, Idaho Code, I have reviewed the summary, which is
true and complete and provides adequate notice to the public of
its contents.
JPR/mw
Enc.
Very truly yours
J. Patrick Riceci
City Attorney
LEGAL NOTICE OFPunuc 'MEI RING
CITY OFEAGLE,
NOTICE IS HEREBY GIVEN That the Eagle
Qty Council will hold a Public Hearing on July 8,
11988, at 7:30 p.m. at the Eagle City Hall, Eagle,
Idaho.
The purpose of the Hearipg is to consider
Amending Title 9 of the Eagle City Code, Sub-
division Ordinance.
BARBARA M. ;.i ., s n Y, City Clerk
Publish: June 19,1988.
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
Jeannie Hawk
I�-------- , being first duly
sworn, depose and say, that I am over twenty-one years
of age, and chief clerk of VALLEY NEWS, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
1 consecutive weeks, the first publication being on
the _____ day of .. June-.. , 1986...., and the last
publication being on the . 19 day of June
19 86 ---
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspper within
the meaning of the Idaho statutes.
Chief Cle
Subscribed and sworn to before me this - .20
of . June 19 86
otary Public in and or Ida
day
Residence or Postoffice Address Meridian---- , Idaho.
EXPIRES DEC. 1988
LEGAL NOTICE OFPUBLICHEARING
CITY OF EAGLE, IDAHO
NOTICE IS HEREBY GIVEN THAT THE
EAGLE PLANNING AND ZONING WILL
HOLD A PUBLIC HEARING ON JULY 1, 1986,
AT 7:30 P.M. AT THE EAGLE PRIMARY
SCHOOL, EAGLE ROAD, EAGLE IDAHO.
THE PURPOSE OF THE HEARING IS TO
CONSIDER AMENDING TITLE 9 OF THE
EAGLE CITY CODE, SUBDIVISION OR.
DINANCE.
Barbara Montgomery, City Clerk
Carol Haley, Mayor
Publish: June 12,1996.
PROOF OF PUBLICATION
State of Idaho,
County of Ada
ss.
_Jeannie Hawk , being first duly
sworn, depose and say, that I am over twenty-one years
of age, and chief clerk of VALLEY NEWS, a weekly
newspaper of general circulation, published at Meridian,
County of Ada, State of Idaho, and that the annexed
notice was published in said paper once each week for
consecutive weeks, the first publication being on
the __.12 day of _..June , 19 861
the last
publication being on the �.2 day of June
19 86.
That said notice was published in the newspaper
proper and not in a supplement. That said newspaper had
been continuously and uninterruptedly published in said
county for a period of 78 consecutive weeks prior to the
first publication of this notice, and is a newspaper within
the meaning of a e Idaho statutes.
Chief Clerk
Subscribed and sworn to before me this 13 _ day
of Jtule , 19 86
Notary Public in and for I• aho
Meridian
Residence or Postoffice Address
EXPIRES DEC. 1988
, Idaho.